Idaho Law Blog
In Linda Doores v. State Insurance Fund, Decided on November 18, 2016, the Idaho Industrial Commission ruled against the Claimant. The Claimant contended that she had injured her hip as a result of an accident that allegedly occurred on July 18, 2012. As she approached an intersection that day, the driver in the car in front of her braked suddenly. The Claimant was unable to stop and crashed her vehicle into the car in front of her at approximately 15 miles per hour. She was wearing a seat belt and the air bag did not deploy in the vehicle she was driving. On September 23, 2012 the Claimant had an MRI scan of her back and it revealed a central disc bulge at the L4-5. On January 24, 2013, Dr. Moreland administered an epidural injection into the Claimant’s low back. The Claimant testified that following the injection her legs went numb, as if they had fallen asleep. This numbness lasted for almost an hour. However, Dr. Moreland’s chart notes did not reveal that the Claimant told him anything about her problems with her left hip. Claimant later had a fusion of her low back by Dr. Doerr. He examined the Claimant again on May 14, 2015 and opined:
“I do not find any medical evidence to support that the patient sustained a left hip injury as a result of her 07/18/12 industrial related motor accident. Based off a detailed history taken from the patient, as well as a detailed review of medical records performed at the time my independent medical examination on 02/28/13, there is no documentation to support the occurrence of a left hip injury as a direct result of the patient’s 07/18/12 industrial related motor vehicle accident.”
The Claimant’s lawyer had sent the Claimant to Dr. Radnovich, a pain specialist. He testified in support of the left hip claim. However, Dr. Radnovich was not the original treating physician and the Commission gave his opinion little, if any, weight. Curiously, Dr. Radnovich testified that the Claimant must have slammed on the brake with her left foot. Referee Taylor did not buy this theory since he felt that no one slams on the brake with their left foot. The take away from this case is that the Idaho Industrial Commission is more often than not going to rule in favor of the Claimant does not have the original treating physician support their claim.
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